총 36페이지

16
Coverstory
damages.Thisillustratesproblemswiththe
regular procedures with this system
arbitrationsystem.Becausethenegotiations
abolished.
failed, the National Labor Relations
It is natural for the laborers, the core of
Commission (NLRC), which is a
thestrike,tocelebratethisnewlaw.Rather,
committee that belongs to the Ministry of
they are worried about the future. “The
Laborandtheirmainroleistheadjustment
arbitration system considerably obstructs
oflaborstraggles,declaredthepartiesinthe
the labor rights, while the adjustment act
dispute must submit for arbitration. Then
deprivesofit.Also,itisexpectednottogo
the unions are not allowed to go on strike
onstrikeitselffromnextyear,”LeeChan-
for15daysanddoingsoisdeemedillegal.
bok,thechiefoftheexternalaffairinKorail
One of the problems of the law is the
workers’ union said. What on earth is the
uncooperative managements’ attitude
adjustment act? What makes the laborers
towards the negotiation process. They
suffering?
expect unions to be unable to go on strike
Ambiguity of the standard on
due to this new arbitration law. It causes
difficultyinsettlingissuesbetweenlaborers
expanded essential public service
KimMin-ji/TheArgus
and employers without the intervention of
workplaces
thirdsparties.Thesystemnotonlyprohibits
Under this provision of the Act, the
the unions from calling a strike but results
governmentaddedseveralutilityproviders,
in negotiations breaking down due to
suchasflighttransportation,steamandhot-
managements’ insincere attitude. That
water supply, blood supply, and waste
Union members as well as the leaders can
means the government and management
water and sewage treatment to be defined
bedisciplinedundertheadjustedact.
are equally to blame for the strike as the
as essential services. This contradicts
laborerswhohavebeenpunished.
advice that the ILO gave prior to the
The second is that the arbitration is
amendment.
that “this should be performed continually
restricting the right of strike, the last
The organization said that rail and oil
duringthestrike,andtheunionspayafine,
measureandrightoflaborers.Itisdifficult
industries are not included as essential
lessthan30millionwonwhentheyviolate
for them to demand their improvement on
services in the strict sense of term. It
the provision.” That is, the labor unions
workingconditionandanyrightstolivein
defined the essential services as businesses
whoworkinessentialpublicserviceplaces
casetheycannotgoonstrike.
providing services which are essential for
should keep its numbers minimal as to the
Also, it is an old-fashioned system
thesakeofthelifeorthephysicalsafety.
necessarybusinessesgoingonstrike.
enacted in 1953 when the right of the
But the government took it wrongly, in
However,mostoftheservicesareunder
laborerswasnotyetguaranteed.Ithaskept
case a stop or an abolition of the work
essentialworks,whichalmostareunableto
onandonwithnomeaningforsocietyuntil
makes ordinary life of the public
comeoutstrike.Thismeanstheareashave
now.Manyhavecriticizeditforrestricting
remarkably dangerous, it threatens the
been expanded and the strike influences
the strike earlier and International Labor
national economy, and a replacement
almostnowhere.
Organization (ILO) urged to abolish this
services are not easy to come by. It is
The unions demand that the scale of the
unreasonablesystem.
irrational to include the railroad in the
essentialservicesneedtobesettledaslong
The Ministry of Labor studied methods
necessary areas against the advice of ILO.
asnotviolatingtherightofhealthandlife.
for developing the law and system in the
That’s because stopping the work during
It needs to be limited only when it causes
LaborRelationsstartingfromMay,2003.It
the strike doesn’t influence much on one’s
the public to feel uncomfortable as the
gave notice on July, 10, 2007 that Trade
life and transportation areas have enough
worksarestopped.
UnionandLaborRelationsAdjustmentAct
substitutions like other transportation
including arbitration by authority would
services buses and the air industry. The
Restrictionsonthethreebasiclabor
rights
legislate and the act is going to take effect
laborrightscanberestrictedonceagainas
fromJanuary,2008.
the government enlarges the essential
The union leaders resolved to be
According to the revised bill, it is said
publicserviceareaswithitsownstandard.
restricted before they started a strike when
thatthearbitrationbyauthorityisabolished
the former system existed. Because of the
in order to harmonize the right for strike
Thenewbill,essentialservice
arbitration system the strike has been
with protection of the public with an
“Essential service, which makes it risky
regardedasunlawful,butthestrugglecould
international standard. The workers in
for the public to live a daily life or keep
have kept going through the determination
essential public service areas are expected
their body healthy in case that operations
oftheleaders.
tocallastrikelegallyfortherightnotbeing
are stopped or abolished,” the
However, from now on, the disciplinary
restricted earlier if only they pass through
administrationprovided.Also,itannounced
action will affect union members
www.theargus.org

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